This is a part of No Pride in Prisons’ Abolitionist demands. These demands were originally published as a book. To see a pdf of the book, click here. To buy a copy, please email info@noprideinprisons.org.nz

The Human Rights Act 1993 does not specifically protect those with criminal records from discrimination.[1] It is therefore lawful for employers to discriminate against job applicants on the grounds of previous criminal offences, unless it somehow indirectly leads to discrimination on other grounds outlined in the Act.[2] This heavily restricts the possibility of those with criminal records from being employed and moving on from their prison time. A 2003 study showed that employers are far less likely to respond to applications from people with criminal records.[3] It has also been demonstrated that when fewer jobs are available to previously incarcerated people, rates of recidivism increase.[4] This leaves previously incarcerated people stuck in a vicious cycle of unemployment and imprisonment.

While the Clean Slate Act 2004 effectively wipes away a person’s criminal conviction after some time,[5] this does not apply to those who have had a custodial sentence imposed on them.[6] This means that the law does not apply to formerly incarcerated people, and that a person will be marked by their prison sentence until they die.

No Pride in Prisons therefore demands that protection from employment discrimination on the basis of criminal record be enshrined. This should be implemented by amending the Human Rights Act 1993 to include criminal records under unlawful grounds for discrimination,[7] and by the inclusion of formerly incarcerated people within the provisions of the Clean Slate Act 2004.[8] While this would not directly end stigma against incarcerated and previously incarcerated people, it would remove some of the barriers to finding stable employment that are essential to moving on from prison.

[1]Human Rights Act 1993 s 21.

[2] Human Rights Act 1993 s 65.

[3] Devah Pager, “The Mark of a Criminal Record,” American Journal of Sociology 108, no 5 (2003): 956.

[4] Crystal S. Yang, “Local Labor Markets and Criminal Recidivism,” (working paper): 30.

[5]Criminal Records (Clean Slate) Act 2004 s 4.

[6]Criminal Records (Clean Slate) Act 2004 s 7(1)(b).

[7]Human Rights Act 1993 s 21.

[8]Criminal Records (Clean Slate) Act 2004 s 7.